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Refining Privacy in Tort Law
by Patrick O'CallaghanThis book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
Refining Privacy in Tort Law
by Patrick O'CallaghanThis book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
Reflections: Or, Sentences and Moral Maxims
by François Duc De La RochefoucauldWe all have strength enough to endure the misfortunes of others. This famed work by a noted French author of the Renaissance era, seventeenth-century nobleman François de La Rochefoucauld, offers hundreds of brief, brutally honest observations of humankind and its self-serving nature. The perfect read for any realist—or anyone with the desire to evaluate their moral standing—this edition includes three supplements with additional maxims and essays. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
Reflections on African Cities in Transition: Selected Continental Experiences (Advances in African Economic, Social and Political Development)
by Purshottama Sivanarain Reddy Henry WissinkThis volume describes African cities in transition, and the economic, socio-political, and environmental challenges resulting from rapid post-colonial urbanization. As the African continent continues to transition from urban configurations inherited from colonial influences and history, it faces issues such as urban slum expansion, increased demands for energy and clean water, lack of adequate public transportation, high levels of inequality among different socio-economic population strata, and inadequate urban governance, planning, and policies. African cities in transition need to reconsider current policies and developmental trajectories to facilitate and sustain economic growth and Africa’s strategic repositioning in the world.Written by an international team of scholars and practitioners, this volume uses case studies to focus on key issues and developmental challenges in selected African cities. Topics include but are not limited to, smart cities, changing notions of democracy, the city’s role in attaining the SDGs, local governance, alternative models for governance and management, corruption, urbanisation and future cities.
Reflections on Crime and Culpability: Problems and Puzzles
by Larry Alexander Kimberly Kessler FerzanIn 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.
Reflections on Ethics and Responsibility
by Zachary J. GoldbergThe original essays in this book address the influential writings of Peter A. French on the nature of responsibility, ethics, and moral practices. French's contributions to a wide spectrum of philosophical discussions have made him a dominant figure in the fields of normative ethics, meta-ethics, applied ethics, as well as legal and political philosophy. Many of French's deepest insights come from identifying and exploring the scope and nature of moral responsibility and human agency as they appear in actual events, real social and cultural practices, as well as in literature and film. This immediacy renders French's scholarship vital and accessible to a wide variety of audiences. The authors, recognized for their own contributions to the understanding of the nature of morality and moral practices offer new and unique positions while exploring, expanding and responding to those of French. The final chapter is written by French, in which he provides both new philosophical insight as well as some reflection on his own work and its influence. This book will appeal to philosophers, as well as advanced students and researchers in the humanities, social sciences, law, and political science.
Reflections on Judging
by Richard A. PosnerIn Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Reflections on Life
by Alexis CarrelIn this present volume, the author of Man the Unknown makes clear why civilisation is on the edge of an abyss and propounds three basic laws of nature in which, he believes, lies mankind’s only salvation: Effects of Chemical Factors, Effects of Physical Factors, and Effects of Physiological Habits.
Reflections on Life and Religion: Sir James Baillie (Routledge Revivals)
by Sir Walter Moberly Oliver De SelincourtFirst published in 1952, Reflections on Life and Religion is a collection of selected entries made by Sir James Baillie from 1893 to his death. These entries, preserved as MS. Volumes labeled “Privatissima”, are a record of the inner mind of a thinker of wide culture who enjoyed extensive contacts with public affairs as well as with worlds of philosophy and education.The book is divided into three main sections dealing with religion; ethical and social philosophy; and metaphysics and theory of knowledge. Each of these sections is further divided into several shorter subsections, in accordance with the requirements of the subject area. The appendix contains a number of short entries which could not find a suitable place in the main body of the text.This volume will be a fascinating read for anyone interested in religion, philosophy, and particularly metaphysics.
Reflections on Medical Ethics: A Search for Categories of Medical Ethics (Philosophy and Medicine #138)
by Jean-Pierre CléroThis book questions the notions of person, personality, dignity, and other connected notions such as (informed) consent, and discusses new perspectives on categories that allow ethical debates in medicine to overcome morals and ordinary religious schemes. The book states that one has to be careful when thinking about situations in terms of notions and principles that have been obtained in similar situations. Though this book is mostly philosophical, it is also of great practical interest to healthcare givers. It warns caregivers not to rely too much on notions such as person, autonomy, and consent, which are supposedly firm but can be proven to be unreliable in spite of appearances. Furthermore, this work warns against a narrow anthropologisation of ethics which would make technophobian positions unavoidable. On the contrary, this book is open to robotics and offers – among other things - a sustained exploration of the notion of intimacy.
Reflections on the Brazilian Counter-revolution
by Florestan Fernandes Warren DeanCombining a journalist's view of major trials with a political-legal analysis, this text gives a picture of the politics of justice in Russia. Coverage of major court cases ranges from the 1961 trial of the "currency speculators" to the Communist Party trial of 1992.
Reflections on the Case for Audit Reform: Seeking to Avoid Future Financial Scandals (Disruptions in Financial Reporting and Auditing)
by Krish Bhaskar Rod SellersThis is the final volume in a four-book miniseries dealing with disruption in audit and financial reporting, this last book focusing on the importance of developing the purpose and concept of auditing in a holistic rather than piecemeal way, whilst reflecting on the case for audit reform.It looks beyond current events and explores possible new entrants to the market, the role of regulation versus professionalism, developing a more prominent and reinvigorated auditing profession and how to meet wider stakeholder needs. The authors’ key proposal for discussion is for the traditional passive audit to be replaced with a proactive style of audit, where granular opinions, forward looking analysis and sensitivity reviews can aid the reader of accounts to come to their own conclusions.This book should act as a catalyst for radical thinking professionals, students, academics and company directors to influence future government reforms to meet societal needs in the twenty-first century.
Reflections on the Role of Ethics in Agriculture
by Robert ZimdahlThis volume is an update to Weed Science- A Plea for Thought-Revisited published by Springer in 2012. More than a decade after the first edition, ethical discussion on the use of pesticides for weed management is largely absent. Startingly, weed science and agriculture have continued on the same path and are still dominated by capital chemical and energy intensive practices, including the paralysis of pesticides. This second edition expands upon the first, using recent data to confirm the dominance of herbicides. The revision includes chapters which emphasize the role of ethics in agriculture and the reasons it should, but has not yet become part of agricultural education. This includes suggestions on how education in agricultural ethics should be shifting and whose responsibility it is. The revised version also includes a discussion on the role of genetically modified crops and the consequences of using these crops-both positive and negative. Scientists have developed a wealth of knowledge they bring to the surface of their disciplinary silos. Yet there needs to be greater discussion on the necessity and risks of agricultural science and technology. This revised version provides a rigorous examination of weed science’s goals and ethics and challenges the way we manage weeds and agriculture.
Reflective Learning: An essential tool for the self-development of health and safety practitioners
by Teresa Budworth Waddah Shihab Ghanem Al HashemiReflective Learning is the essential reference for health and safety practitioners wanting to develop their professional skills and practice. Whether you are a new practitioner looking to expand your knowledge or an experienced professional seeking to build on existing skills, this book is indispensable. Step by step, Reflective Learning guides you through the principles to help you to learn and improve your ability to reflect on your past experiences. The use of clear explanations, diagrams and practical tools throughout help you to improve your understanding and advance your professional development. The only book on reflective learning to focus on health and safety Written by experts in the field of health and safety A cost effective way of learning and developing for health and safety practitioners
Reflexiones sobre la guillotina
by Albert CamusEl breve pero gran ensayo del Nobel de Literatura, Albert Camus, contra la pena de muerte en Francia: uno de los textos más poderosos y persuasivos jamás escrito contra este castigo. A lo largo de la historia, algunos libros han cambiado el mundo. Han transformado la manera en que nos vemos a nosotros mismos y a los demás. Han inspirado el debate, la discordia, la guerra y la revolución. Han iluminado, indignado, provocado y consolado. Han enriquecido vidas, y también las han destruido. Taurus publica las obras de los grandes pensadores, pioneros, radicales y visionarios cuyas ideas sacudieron la civilización y nos impulsaron a ser quienes somos. Este poderoso texto, uno de los más hermosos y persuasivos que escribió Albert Camus, sitúa el respeto a la vida humana por encima de la necesidad de cumplimiento de la ley. Sus argumentos contra la violencia de Estado y las penas ejemplares tienen plena vigencia hoy, y conforman una obra clave para entender el pensamiento ético del premio Nobel.
Reflexive Emotions: Shame, Humor, Humility (SpringerBriefs in Philosophy)
by Menachem FischThis book looks closely at three first-order reflexive emotions—shame, humor and humility—that are shown to be not only exclusively human, but definitive of major aspects of human selfhood, agency and normativity. A separate chapter that covers second-order emotions, shows that when negative, they display a crucial and equally exclusive aspect of human normative self-critique. In addition to jointly delineating agency, sapience, normativity, rationality, and the ability to critically self-reflect, this book further demonstrates the inevitable role of the we in the I (to paraphrase Axel Honneth), namely, how realizing one&’s full human potential necessarily requires engaging others. This book appeals to students as well as researchers and looks closely at how these three reflexive emotions bestow categorical value on otherness, rendering normative diversity not merely something to be tolerated or rationally overcome, but a rare and necessary blessing.
Reflexive Psychopathologie: Erkenntnislehre und Menschenkunde im klinischen Kontext
by Peter SchönknechtPsychopathologie stellt den Begriffsapparat dar, mit dem Veränderungen, Störungen oder Krankheiten der Psyche erfasst werden können. Das methodische Verständnis von Psychopathologie ist umstritten und variiert in Abhängigkeit davon, ob man psychische Phänomene mit biologischen, psychologischen oder soziologischen Methoden untersucht. Psychopathologie hat die – immer schon begriffliche – Erfassung psychischer Veränderung als solcher zum Ziel und versteht sich nicht als alternative Methode neben den Naturwissenschaften, sondern als Grundlagenwissenschaft psychischer Verfasstheit überhaupt. Ihr Untersuchungsgegenstand erfordert eine Methode, die neben dem Instrument der fachbegrifflichen Erkenntnis auch das Verhältnis der erkennenden Subjekte zu ihrem Gegenstandsbereich einschließt – oder anders ausgedrückt, Psychopathologie kann als Grundlagenwissenschaft erst im Ergebnis ihrer Methodenreflexion wirken. Im ersten Teil dieses Buches werden die zentralen Kategorien der Psychopathologie parallel zu ihrer transzendentalphilosophischen Begründung vorgestellt. Auf diesem Hintergrund lassen sich die Mehrzahl der behaupteten Methodenkonflikte als Dilemmata ausweisen. Am Beispiel des Wahnsyndroms soll der Versuch einer fachbegrifflichen Auflösung der Dilemmata geprüft werden. Im zweiten Teil werden die Erträge der Diskussion um den spezifischen Charakter des Psychischen dargestellt und als zirkulär oder dogmatisch kritisiert. Gleichermaßen sollen die Merkmale gelungener Deutungsversuche untersucht und auf ihre Anschlussfähigkeit hin geprüft werden. Ertragreich erwies sich die Begründung der Psychopathologie als Idee der Bewusstheit einer rationalen Psychologie. Als Kriterien für eine sinnvolle psychopathologische Begriffsbildung wurden die Transparenz für die Trias von Intention, Intension und Extension, die Formen des Umgangs mit Ungewissheit und die Relativität von Verstehensbemühungen herausgearbeitet.
Reflexivity and Criminal Justice
by Sarah Armstrong Jarrett Blaustein Alistair HenryThis collection presents a diverse set of case studies and theoretical reflections on how criminologists engage with practitioners and policy makers while undertaking research. The contributions to this volume highlight both the challenges and opportunities associated with doing criminological research in a reflexive and collaborative manner. They further examine the ethical and practical implications of the 'impact' agenda in the higher education sector with respect to the production and the dissemination of criminological knowledge. Developed to serve as an internationally accessible reference volume for scholars, practitioners and postgraduate criminology students, this book responds to the awareness that criminology as a discipline increasingly encompasses not only the study of crime, but also the agencies, process and structures that regulate it. Key questions include: How can criminal justice policy be studied as part of the field of criminology? How do we account for our own roles as researchers who are a part of the policy process? What factors and dynamics influence, hinder and facilitate 'good policy'?
Reform and Development of Powers and Functions of China's Criminal Proceedings
by Weidong ChenThis book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
Reform and Nation-Building: Essays on Socio-Political Transformation in Malaysia (Asia Shorts)
by Sharifah Munirah AlatasSince obtaining independence in 1957, Malaysia has had two historic general elections, the first in 2018 and the second in 2022. The 2018 election brought the reformist Pakatan Harapan government into power. Due to both internal and external machinations, the Pakatan Harapan administration collapsed 22 months later. Subsequently, more than two years of socio-political instability ensued, exacerbated by the COVID-19 pandemic, economic hardships, and increasing ethnic polarization and identity politics. After the 2022 election, there was renewed hope. Under the leadership of Prime Minister Anwar Ibrahim, Pakatan Harapan again leads a new coalition government (dubbed the “unity” government). Sharifah Munirah Alatas discusses these developments in a series of short essays. She highlights the peoples’ hopes for crucial reforms and their lingering despair for what seems unattainable. Alatas focuses on the rise in corruption, identity politics, and what she considers the dismal failure of the nation’s public universities. She questions the future of the nation but hopes for a revolutionary change in leadership attitudes.
Reform and Regulation of Economic Institutions in Afghanistan: Formal and Informal Credit Systems (Routledge Research in International Economic Law)
by Haroun RahimiTaliban's return to power in August of 2021 caused everyone to ask why the two decades of institution building in Afghanistan failed. This book investigates the root causes of failed reforms in an important area of reform: trade and credit institutions. It explains why the efforts to reform and regulate the economic institutions in Afghanistan failed and what we can learn from their failure. It draws on more than eighty interviews with Afghan merchants, business leaders, money dealers, and government officials in five major provinces of Afghanistan to identify the barriers to access to credit and to understand the performance of formal institutions (banks) and their informal counterparts. This book finds that Afghan merchants were often unable to benefit from the offerings of formal institutions for three reasons: a highly volatile business climate, uncertain contract enforcement, and an unsupportive property rights system. Several informal institutions have emerged that alleviate some of the credit constraints on Afghan merchants. These informal institutions include risk-sharing trade credit operations, money dealers’ short-term working capital loans, Gerawee, and Sar qufli. Although these informal institutions have helped Afghan merchants survive, they are unable to support economic growth. This book argues that countries like Afghanistan should solve their institutional dilemma by adopting an approach which the author calls "Grounded Institutional Reform." Using this approach, a country would formalize existing informal institutions, a development that would vastly increase their effectiveness. While this book focuses on credit and trade in Afghanistan, the analysis of "formalizing the informal" can easily be extended to solve other types of economic problems in similarly situated countries. This book should be of great interest to scholars, policymakers, and development workers in the field of law, finance, and development.
Reform in China
by B.L. ReynoldsThis work includes every Supreme Court case relevant to gender and sexual equality from 1787 to the end of the 1999/2000 term. It is a primary document reference book, organized in eight chapters, including civil and social rights and duties; morality and sexual ethics; and education policies.
Reform Nation: The First Step Act and the Movement to End Mass Incarceration
by Colleen P. ErenHow one law tells the story of America's modern criminal justice movement In late 2018, the First Step Act was signed into law by President Donald Trump just hours before a government shutdown. It was one of few major pieces of federal criminal justice reform since the 1970s to move toward reversing the incarceration frenzy that had characterized United States policy. While it did not amount to revolutionary reform, in Reform Nation, Colleen P. Eren investigates it as a symbol for the larger movement's trajectory. Its unlikely passage during a period of political polarization was testament to the power of a new constellation of advocates, stakeholders, and strange bedfellow alliances. These intriguing and complex dynamics are indicative of a longer, twenty-year shift in which the movement became nationalized and mainstreamed. Using in-depth interviews with major players in the national movement, formerly incarcerated activists, celebrities, and donors, this is the first book to turn the mirror back on the criminal justice reform movement itself—the frames used, the voices heard, the capital activated among elite participants, and the bitter controversies. This snapshot in time raises much larger questions about how our democratic processes inform criminal justice policy, and where we are going in the decades to come.
The Reform of International Economic Governance (Global Law and Sustainable Development)
by Antonio Segura SerranoThe second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.
The Reform of Property Law (Routledge Revivals)
by Paul Jackson David C. WildeFirst published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.